Michigan Court of Appeals; Docket No. 77-1549; Unpublished
Judges Kaufman, Beasley, and Mahinske
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Noneconomic Loss Liability of Uninsured Tortfeasors [§3135(1), (3)]
Liability for Economic Loss Caused By Uninsured Tortfeasors [§3135(3)(b)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In the first appellate case specifically dealing with this issue, the Court of Appeals ruled that on the strength of the language used at page 623-625 of the Supreme Court's opinion in Shavers v Attorney General (item number 85) an uninsured motorist has no tort immunity whatsoever for economic losses or for noneconomic losses which fall below the threshold contained in §3135. Accordingly, victims of uninsured tortfeasors can sue for all traditional tort damages available prior to the introduction of no-fault.
However, in spite of its holding on the legal issue described above, the Court held 2-1 that it would not vacate an arbitration panel's conclusion to the contrary inasmuch as there is a strong public policy in favor of arbitrating disputes.
